Public Liability Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Escalates Liability Risks for Construction Industry

Developers and Builders Face Increased Exposure Following Landmark Ruling

NSW Court Decision Escalates Liability Risks for Construction Industry?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

A recent landmark ruling in New South Wales has significantly altered the liability landscape for the construction industry.
The court's decision removes the ability for developers and builders to rely on proportionate liability defences under the Design and Building Practitioners Act 2020 (DBP Act), thereby increasing their exposure to claims related to building defects.

The DBP Act, which came into effect on 1 July 2025, introduced a statutory duty of care that is non-delegable, retrospective, and applies to all buildings and participants involved in their construction, including individual employees and directors. This means that developers and builders are now fully responsible for any defects, regardless of whether subcontractors or other parties were involved.

The significance of this ruling lies in its clarification that breaches of the DBP Act's statutory duty create a vicarious-like liability. Consequently, builders and developers are accountable for the entire cost of rectifying defects, even if they were caused by subcontractors. This places the onus on them to pursue separate claims against subcontractors to recover costs.

Given these changes, it is advisable for construction companies and professionals to reassess their professional indemnity (PI) insurance to ensure it adequately covers the increased risks. Additionally, the industry must be prepared to strategically manage complex multi-party litigation, including cross-claims, to allocate remediation costs appropriately among responsible parties.

For small business owners, tradies, sole traders, event organisers, and contractors operating in the construction sector, this development underscores the importance of understanding the evolving legal landscape and ensuring that their insurance coverage is comprehensive and up-to-date. Engaging with insurance brokers or legal advisors can provide valuable insights into managing these heightened risks effectively.

Published:Friday, 20th Mar 2026
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

Why Stronger Insurer Results Do Not Mean Liability Risk Has Gone Away
Why Stronger Insurer Results Do Not Mean Liability Risk Has Gone Away
16 Sep 2026: Paige Estritori
Fresh industry attention on APRA's general insurance performance data points to a healthier overall insurance sector, with stronger premium revenue, improved investment conditions and more stable underwriting outcomes across parts of the market. For small business owners, that may sound like welcome news after several years of rising premiums and tighter insurer scrutiny. - read more
Why Claims Handling Scrutiny Matters for Liability Cover
Why Claims Handling Scrutiny Matters for Liability Cover
09 Sep 2026: Paige Estritori
Fresh scrutiny of general insurance claims handling has again put the spotlight on how policies perform when customers need them most. While much of the public discussion often centres on household claims, the same service and documentation issues can become critical for small businesses facing a third-party injury or property damage allegation. - read more
What NSW Insurance Levy Reform Means for Business Cover
What NSW Insurance Levy Reform Means for Business Cover
02 Sep 2026: Paige Estritori
New South Wales’ move to shift emergency services funding away from insurance premiums has put business insurance affordability back in the spotlight. For small business owners, tradies, hospitality operators and event organisers, the change is welcome in principle: levies and taxes can add noticeably to the total cost of holding cover, especially when several policies are bundled together. - read more
Why Easing Insurance Prices May Not Mean Easier Liability Cover
Why Easing Insurance Prices May Not Mean Easier Liability Cover
26 Aug 2026: Paige Estritori
Fresh commercial insurance market commentary suggests Australian businesses may be seeing more favourable conditions in some parts of the insurance market, but that does not mean liability cover has become simple, automatic or uniformly cheaper. For small business owners, tradies, contractors, venues and event organisers, the message is clear: public-facing risk still needs careful attention. - read more
Why Claims Inflation Still Matters for Public Liability Cover
Why Claims Inflation Still Matters for Public Liability Cover
19 Aug 2026: Paige Estritori
Fresh industry commentary on Australia’s commercial insurance market points to an important distinction for small businesses: easing conditions in some insurance classes do not necessarily mean liability risks are becoming cheaper or simpler to manage. Long-tail casualty lines, including public liability insurance, remain exposed to legal costs, medical expense inflation, higher settlement expectations and the time it can take for claims to fully develop. - read more


Business Insurance Articles

Public Liability Insurance for Sole Traders in Australia
Public Liability Insurance for Sole Traders in Australia
Sole traders can face public liability risks even without employees, premises or a large operation. This guide explains how public liability insurance may help protect self-employed Australians, when clients may require it, what it usually covers and what to check before choosing cover. - read more
Why Retail Store Owners Can't Afford to Skip Public Liability Insurance
Why Retail Store Owners Can't Afford to Skip Public Liability Insurance
As the owner of a retail store, you may not realize that the day-to-day interactions with customers and the public pose significant financial risks. Whether it's a customer slipping on a wet floor or a product causing harm, the threat of negligence claims is all too real. This is where Public Liability Insurance becomes not just a safety net, but a fundamental necessity for your business operations. - read more
The Role of Liability Insurance in Managing Contractor and Supplier Risks
The Role of Liability Insurance in Managing Contractor and Supplier Risks
Engaging with contractors and suppliers is an integral facet of many business operations, fostering growth and expansion. However, with this collaboration comes inherent risks that can impact a business financially and legally, should any unexpected incidents arise. It is here that liability insurance steps in as a cornerstone of risk management, safeguarding businesses from potential pitfalls associated with these partnerships. - read more
5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance
5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance
Every restaurant owner needs to be familiar with the term 'public liability insurance'. This type of insurance is designed to protect your business financially in case a customer or a member of the public suffers an injury or property damage as a result of your business operations. In a bustling restaurant environment, accidents can happen—the risk of slips, spills, and other mishaps is ever-present. - read more
The Essential Role of Insurance in Protecting Your Small Business
The Essential Role of Insurance in Protecting Your Small Business
Running a small business in Australia comes with its own set of unique challenges. From managing cash flow to dealing with unexpected setbacks, the road to success can often be bumpy. Many small business owners find themselves constantly adapting to changing market conditions, customer demands, and economic pressures. - read more

Knowledgebase
Umbrella Policy:
An additional insurance policy that provides extra liability coverage beyond the limits of the insured's primary policies.